Operation Weak Meat | |
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Court | Federal Judge Marcos Josegrei da Silva - 14th Federal Court of Federal Judiciary in Curitiba/PR |
The Operation Carne Fraca (Operation Weak Meat in Brazilian media in English) is an operation started on March 17, 2017, and enforced by the Federal Police of Brazil, that country's federal police force, which investigated some of the country's largest meat processing companies. The name is a pun between the operation's concern with meat and the Bible verse about "weak flesh" (Matthew 26:41) – as a result, it is sometimes translated "Operation Weak Flesh". [1]
It is an operation launched by the Federal Police of Brazil, which began on March 17, 2017. It investigates the largest companies in the industry — JBS, owner of the brands Seara, Swift, Friboi and Vigor, and BRF, owner of Sadia and Perdigão — accused of adulterating the meat they sold in domestic and international markets. [2] The scandal of adulterated meat in Brazil involves more than thirty food companies in the country, [3] [4] accused of selling spoiled meat, changing expiration dates, altering appearance, and using chemical products to seek the resale of spoiled meat and to point out government agents accused of allowing the sale of such meat. [5]
The company JBS S.A. (which represents about a quarter of world's market on beef,[ citation needed ] and holds the trademarks Friboi, Seara Alimentos (Seara Foods) , Swift Armour, and Vigor) and the BRF company (which holds the trademarks Perdigão and Sadia) are accused of having mixed rotten meat treated with chemical components into meat sold in Brazil and abroad. [2]
Recordings registered the interference of the then Minister of Justice of the Michel Temer government, Osmar Serraglio, demanding from one of the scheme's leaders and main target of the investigation, Daniel Gonçalves Filho, information about the inspection at one of the involved meatpacking plants. [6]
Brazil is the world leader in beef and poultry exports and the fourth largest exporter of pork. In 2016, the sector's sales accounted for 7.2% of global trade. [4]
The BRF holding company, which controls Sadia and Perdigão, had forty-seven factories in the country and held 14% of the global poultry market, exporting to 120 countries. JBS, the largest meatpacker in the world, with the Friboi, Seara, Swift, and Pilgrim's Pride brands, exported meat to 150 countries. [7]
As an immediate effect, the shares of both JBS and BRF led the losses in the Ibovespa on the day of the operation: a 7.25% decrease for BRF and a 10.59% decrease for JBS. Both companies had already experienced poor results in 2016, and it was assessed that they would face significant challenges in rebuilding trust. [7]
Phase 1 – March 17, 2017. The Federal Police conducted Operation Weak Meat, described as the largest operation in the history of the corporation. Over 1,100 federal police officers took to the streets to carry out 309 judicial orders in six states of Brazil and the Federal District. The court orders issued included 27 for preventive custody, 11 for temporary custody, 77 for coercive detention, and 194 for search and seizure. [8]
According to the investigations, more than 30 companies and officials from the Ministry of Agriculture benefited from the scheme involving the sale of unsuitable meat for consumption. [2] The Federal Police stated that part of the bribes released in the scheme went to the PMDB, the party of the acting president Michel Temer, [4] and to the PP, a member of the ruling coalition. [2] [4] Federal Police delegate Maurício Moscardi reminded that both entrepreneurs and public officials bear responsibility for the criminal acts against the population. [5] Within the Ministry of Agriculture, employees involved in the scheme transferred inspectors to ensure the continuity of the scheme. The refusal of an inspector to be transferred was what triggered the start of the investigations. [5] After the operation was launched by the Federal Police, 33 officials were suspended, and of these, four were dismissed. [9] Three meat processing units were closed: the BRF plant in Mineiros (GO) and the Peccin plants in Jaraguá do Sul (SC) and Curitiba (PR). [9]
Phase 2 (Antidote) – On May 31, 2017, the Federal Police carried out the second phase of the operation, executing three search and seizure warrants and one indefinite preventive custody warrant in Goiás. The main target of this phase was Francisco Carlos de Assis, former regional superintendent of the Ministry of Agriculture, Livestock and Food Supply (MAPA) in the state of Goiás. He was caught on phone intercepts discussing the destruction of evidence relevant to the investigation of Operation Weak Meat.
Phase 3 (Cheating) – On March 5, 2018, the Federal Police launched the third phase of the operation, targeting a fraud scheme uncovered in the company BRF. The former president of the company, Pedro de Andrade Faria, was one of the ten individuals arrested by the agents. Ninety-one court orders were executed by the Federal Court in Paraná, including 11 temporary custody, 27 coercive detention, and 53 search and seizure warrants at BRF units. According to the Federal Police, the individuals under investigation may face charges such as document forgery, qualified embezzlement, and formation of a criminal organization, in addition to crimes against public health. These investigations were based on the findings of the first and second phases, which targeted dozens of meatpacking plants. [10] It was found that five laboratories and the company’s internal analysis departments falsified testing results. [11]
Authorities warned about the impact that the scandal could have on the national agribusiness sector and its potential economic consequences. [12]
The shares of JBS on the BM&FBovespa closed the day of March 17 with a decrease of over 11%, while BRF followed with a nearly 8% decline. [12] [13] On that day alone, JBS experienced a market value loss of R$3.456 billion, while BRF's loss amounted to R$2.31 billion. [14]
The New York Times stated that the scandal "raises doubts about the agribusiness industry in Brazil, in the already affected national economy, due to other scandals," while also mentioning the connection between the bribes originated in the scheme and the party of the President of Brazil. [12]
The British newspaper Financial Times echoed the same sentiment as the New York Times and also raised questions about the future of the meat industry in Brazil. [12]
The British newspaper The Daily Telegraph mentioned the corruption allegations to keep spoiled meat on the market and its connection to federal government officials, a fact also highlighted by the American newspaper The Washington Post. [12]
According to Minister Blairo Maggi, the European Union requested an emergency meeting with the Brazilian government to seek clarifications about the police operation and the investigations into the fraud. [15]
The minister of Agriculture, Livestock, and Supply, Blairo Maggi, from the Progressive Party, stated on March 18 in Cuiabá that some employees deviated from their duties and asserted that he will not stop consuming and recommends the consumption of Brazilian meat, stating that there is no risk at all. [16]
The Manager of International and Government Relations at BRF, Roney Nogueira dos Santos, was arrested by the Federal Police on March 18 at Guarulhos International Airport after arriving from abroad. [17]
On March 19, President Michel Temer, after a meeting with ambassadors, announced a task force to investigate the targets of Carne Fraca. [18]
The main companies investigated and targeted in Operation Carne Fraca donated 393 million reais to politicians in the 2014 general elections. The biggest beneficiary was the PT with 60.7 million reais. The PMDB came in second place with 59.1 million reais, followed by PSDB with 58.1 million reais. The PP and PR received 38.1 million and 24.4 million reais, respectively. [19]
Among the candidates, politicians affiliated with PT were the ones who received the most, totaling 60.6 million, while politicians from PMDB received 6.9 million, from PSDB 3.3 million reais, from PSD 3.1 million reais, and from PROS 1.6 million reais. [19]
In July 2017, Eumar Roberto Novacki, Brazil's secretary of state, in Geneva tried to convince European meat importers that Brazilian meat was of high quality. At the same time, new information on bribery of meat inspectors were published. [20]
Aécio Neves da Cunha is a Brazilian economist, politician and former president of the Brazilian Social Democracy Party (PSDB). He was the 17th Governor of Minas Gerais from 1 January 2003 to 31 March 2010, and is currently a member of the Brazilian Chamber of Deputies. He lost in the runoff presidential election against Dilma Rousseff in 2014.
JBS S.A. is a Brazilian company that is the largest meat processing enterprise in the world, producing factory processed beef, chicken, salmon, pork, and also selling by-products from the processing of these meats. It is headquartered in São Paulo. It was founded in 1953 in Anápolis, Goiás.
Michel Miguel Elias Temer Lulia is a Brazilian politician, lawyer and writer who served as the 37th president of Brazil from 31 August 2016 to 1 January 2019. He took office after the impeachment and removal from office of his predecessor Dilma Rousseff. He had been the 24th vice president of Brazil since 2011 and acting president since 12 May 2016, when Rousseff's powers and duties were suspended pending an impeachment trial.
Corruption in Brazil exists on all levels of society from the top echelons of political power to the smallest municipalities. Operation Car Wash showed central government members using the prerogatives of their public office for rent-seeking activities, ranging from political support to siphoning funds from state-owned corporation for personal gain. The Mensalão scandal for example used taxpayer funds to pay monthly allowances to members of congress from other political parties in return for their support and votes in congress. Politicians also used the state-owned and state-run oil company Petrobras to raise hundreds of millions of reais for political campaigns and personal enrichment.
Operation Car Wash was a landmark anti-corruption probe in Brazil. Beginning in March 2014 as the investigation of a small car wash in Brasília over money laundering, the proceedings uncovered a massive corruption scheme in the Brazilian federal government, particularly in state-owned enterprises. The probe was conducted through a joint task force of agents in the federal police, revenue collection agency, internal audit office and antitrust regulator. Evidence was collected and presented to the court system by a team of federal prosecutors led by Deltan Dallagnol, while the judge in charge of the operation was Sergio Moro. Eventually, other federal prosecutors and judges would go on to oversee related cases under their jurisdictions in various Brazilian states. The operation implicated leading businessmen, federal congressmen, senators, state governors, federal government ministers, and former presidents Collor, Temer and Lula. Companies and individuals accused of involvement have agreed to pay 25 billion reais in fines and restitution of embezzled public funds.
The impeachment of Dilma Rousseff, the 36th president of Brazil, began on 2 December 2015 with a petition for her impeachment being accepted by Eduardo Cunha, then president of the Chamber of Deputies, and continued into late 2016. Dilma Rousseff, then more than 12 months into her second four-year term, was charged with criminal administrative misconduct and disregard for the federal budget in violation of article 85, items V and VI, of the Constitution of Brazil and the Fiscal Responsibility Law, Article 36. The petition also accused Rousseff of criminal responsibility for failing to act on the scandal at the Brazilian national petroleum company, Petrobras, on account of allegations uncovered by the Operation Car Wash investigation, and for failing to distance herself from the suspects in that investigation.
From mid-2014 onward, Brazil experienced a severe economic crisis. The country's Gross Domestic Product (GDP) fell by 3.5% in 2015 and 3.3% in 2016, after which a small economic recovery began. That recovery continued until 2020, when the COVID-19 pandemic began to impact the economy again.
Events in the year 2017 in Brazil.
Joesley Mendonça Batista is a Brazilian businessman, son of José Batista Sobrinho. He is responsible for the expansion and internationalization process of JBS S.A., the largest meat-packing company in the world, and one of the main agribusiness companies in Brazil, and J&F Investimentos which he shares with his wife, Flora, and five children. As of October 2021, his net worth was estimated at US$4.1 billion.
JBS Foods International (JBSFI) engages in the food business internationally, and is the largest meatpacking company in the world. It is a "controlled company" in SEC parlance. JBSFI operates through four segments: Beef, Pork, Poultry, and Other. It offers fresh and processed beef, lamb, sheep, pork, and chicken. JBSFI is the largest leather processor in the world. It also processes collagen, biodiesel fuel, hygiene and cleaning products, and is involved in metal packaging, carriers, waste management, casings, and trading activities, as well as provides prepared food products.
Wesley Mendonça Batista is a Brazilian billionaire businessman, and founder of JBS S.A. Batista was the president of the JBS group and was responsible for the implementation of JBS operations in the US since the acquisition of Swift in 2007.
A long series of criminal investigations have occurred in Brazil associated with Operation Car Wash, since the first one began in March 2014. These investigations are considered offshoots of the original phased investigations.
A long series of criminal investigations have occurred in Brazil associated with Operation Car Wash. The first investigation was launched in March 2014, and is now known as phase 1 of the investigation, with subsequent inquiries numbered sequentially and having code names such as phase 2, phase 3, and so on. By February 2021, there were 80 announced phases of Operation Car Wash.
The JBS Testimonies in Operation Car Wash refer to the leniency agreement signed between the company JBS and the Office of the Attorney General of Brazil (PGR) in April 2017, within the scope of Operation Car Wash. The Brazilian Supreme Federal Court (STF) approved the agreement on May 18, 2017, based on the plea bargain of the owners Joesley and Wesley Batista and executives of the company. On September 14, 2017, former Attorney General Rodrigo Janot rescinded the agreement with Joesley and Ricardo Saud due to suspicions of obstruction of investigation by the collaborators. The following year, Attorney General Raquel Dodge rescinded the agreement with Wesley Batista and Francisco de Assis e Silva due to their omission of criminal facts of which they were aware.
The JBS Parliamentary Inquiry Commission, better known as JBS CPI or JBS CPMI, is a Parliamentary Inquiry Commission created on September 5, 2017, with the purpose of investigating alleged irregularities committed by the J&F group, which controls the JBS meatpacking company, in relation to loans from the Brazilian Development Bank (BNDES) between the years 2007 and 2016, as well as the plea bargain agreement made by the group with the Federal Public Prosecutor's Office.
The accusations against Michel Temer by the Office of the Attorney General of Brazil consisted of two accusations for common crimes filed by the Attorney General of Brazil, Rodrigo Janot, against the President of the Republic, Michel Temer, based on the crimes of passive corruption, criminal organization, and obstruction of justice, within the scope of Operation Car Wash.
The removal of Aécio Neves from the Federal Senate of Brazil stems from a provisional decision granted by Supreme Court (STF) Minister Edson Fachin on Thursday, May 18, 2017, determining the removal of Aécio Neves (PSDB-MG) from his position as senator. The accusation is that he allegedly asked for two million reais from the owners of the JBS meatpacking company. On May 31, 2017, through electronic drawing, Minister Marco Aurélio Mello was chosen as the new rapporteur of the process.
The presidency of Michel Temer began on May 12, 2016, when the vice-president of the Republic, Michel Temer, temporarily assumed the position of president of the Brazilian Republic, after the temporary removal of President Dilma Rousseff, as a result of the acceptance of the impeachment process by the Federal Senate. Once the process was concluded, on August 31 of the same year, Temer took over the position permanently, which he held until January 1, 2019, when the administration of Bolsonaro began.